Chapter XIII: Section 3: of the act entitled "An act to provide for the protection of (2)

It is a very glad incident of the marvelous prosperity which has crowned the year now drawing to a close that its helpful and reassuring touch has been felt by all our people. It has been as wide as our country, and so special that every home has felt its comforting influence. It is too great to be the work of man's power and too particular to be the device of his mind. To God, the beneficent and the all-wise, who makes the labors of men to be fruitful, redeems their losses by His grace, and the measure of whose giving is as much beyond the thoughts of man as it is beyond his deserts, the praise and gratitude of the people of this favored nation are justly due.

Now, therefore, I, Benjamin Harrison, President of the United States of America, do hereby appoint Thursday, the 26th day of November present, to be a day of joyful thanksgiving to God for the bounties of His providence, for the peace in which we are permitted to enjoy them, and for the preservation of those institutions of civil and religious liberty which He gave our fathers the wisdom to devise and establish and us the courage to preserve. Among the appropriate observances of the day are rest from toil, worship in the public congregation, the renewal of family ties about our American firesides, and thoughtful helpfulness toward those who suffer lack of the body or of the spirit.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 13th day of November, A.D. 1891, and of the Independence of the United States the one hundred and sixteenth.

BENJ. HARRISON.

By the President:
JAMES G. BLAINE,
_Secretary of State_.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas satisfactory proof has been given to me that no tonnage or light-house dues, or other equivalent tax or taxes, are imposed upon vessels of the United States in the ports of the island of Tobago, one of the British West India Islands:

Now, therefore, I, Benjamin Harrison, President of the United States of America, by virtue of the authority vested in me by section 11 of the act of Congress entitled "An act to abolish certain fees for official services to American vessels, and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other purposes," approved June 19, 1886, do hereby declare and proclaim that from and after the date of this my proclamation shall be suspended the collection of the whole of the tonnage duty which is imposed by said section of said act upon vessels entered in the ports of the United States from any of the ports of the island of Tobago.

_Provided_, That there shall be excluded from the benefits of the suspension hereby declared and proclaimed the vessels of any foreign country in whose ports the fees or dues of any kind or nature imposed on vessels of the United States, or the import or export duties on their cargoes, are in excess of the fees, dues, or duties imposed on the vessels of such country or on the cargoes of such vessels; but this proviso shall not be held to be inconsistent with the special regulation by foreign countries of duties and other charges on their own vessels, and the cargoes thereof, engaged in their coasting trade, or with the existence between such countries and other states of reciprocal stipulations founded on special conditions and equivalents, and thus not within the treatment of American vessels under the most-favored-nation clause in treaties between the United States and such countries.

And the suspension hereby declared and proclaimed shall continue so long as the reciprocal exemption of vessels belonging to citizens of the United States and their cargoes shall be continued in the said ports of the island of Tobago and no longer.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 2d day of December, A.D. 1891, and of the Independence of the United States the one hundred and sixteenth.

BENJ. HARRISON.

By the President:
JAMES G. BLAINE,
_Secretary of State_.

EXECUTIVE ORDERS.

EXECUTIVE MANSION, _Washington, D.C., January 19, 1891_.

The death of George Bancroft, which occurred in the city of Washington on Saturday, January 17, at 3.40 o'clock p.m., removes from among the living one of the most distinguished Americans. As an expression of the public loss and sorrow the flags of all the Executive Departments at Washington and the public buildings in the cities through which the funeral party is to pass will be placed at half-mast on to-morrow and until the body of this eminent statesman, scholar, and historian shall rest in the State that gave him to his country and to the world.

By direction of the President:

ELIJAH W. HALFORD, _Private Secretary_.

AMENDMENT OF CIVIL-SERVICE RULES.

JANUARY 26, 1891.

Special Departmental Rule No. 1 is hereby amended by adding to the exceptions from examination therein declared the following:

In the Department of Agriculture, in the office of the Secretary,
division of illustration and engraving: One artist.

BENJ. HARRISON.

DEPARTMENT OF STATE, _Washington, January 30, 1891_.

SIR:[18] The Hon. William Windom, Secretary of the Treasury of the United States, died suddenly last night, in the city of New York, at the hour of eleven minutes past 10 o'clock, in the sixty-fourth year of his age. Thus has passed away a man of pure life, an official of stainless integrity, distinguished by long and eminent service in both branches of Congress and by being twice called to administer the national finances. His death has caused deep regret throughout the country, while to the President and those associated with him in the administration of the Government it comes as a personal sorrow.

The President directs that all the Departments of the executive brand of the Government and the officers subordinate thereto shall manifest due respect to the memory of this eminent citizen in a manner consonant with the dignity of the office which he has honored by his devotion to public duty.

The President further directs that the Treasury Department in all its branches in this capital be draped in mourning for the period of thirty days, that on the day of the funeral the several Executive Departments shall be closed, and that on all public buildings throughout the United States the national flag shall be displayed at half-mast.

Very respectfully,

JAMES G. BLAINE.

[Footnote 18: Addressed to the heads of the Executive Departments, etc.]

EXECUTIVE MANSION, _February 13, 1891_.

_To the Heads of the Executive Departments_:

In token of respect to the memory of Admiral David D. Porter, who died this morning, the President directs that the national flag be displayed at half-mast upon all public buildings throughout the United States until after his funeral shall have taken place, and that on the day of the funeral public business in the Departments at Washington be suspended.

E.W. HALFORD, _Private Secretary_.

GENERAL ORDERS NO. 16.

HEADQUARTERS OF THE ARMY,
ADJUTANT-GENERAL'S OFFICE,
_Washington, February 14, 1891_.

I. The following order of the War Department is published to the Army:

WAR DEPARTMENT, _Washington, February 14, 1891_.

The death of General Sherman is hereby announced in the fitting words
of the President in his message to Congress:

[For message see p. 135.]

The following Executive order will be published to the Army:

EXECUTIVE MANSION, _Washington, D.C., February 14, 1891_.

It is my painful duty to announce to the country that General William
Tecumseh Sherman died this day at 1 o'clock and 50 minutes p.m., at his
residence in the city of New York. The Secretary of War will cause the
highest military honors to be paid to the memory of this distinguished
officer. The national flag will be floated at half-mast over all public
buildings until after the burial, and the public business will be
suspended in the Executive Departments at the city of Washington and in
the city where the interment takes place on the day of the funeral and
in all places where public expression is given to the national sorrow
during such hours as will enable every officer and employee to
participate therein with their fellow-citizens.

BENJ. HARRISON.

The Major-General Commanding will issue the necessary orders to the Army.

_It is ordered_, That the War Department be draped in mourning for the period of thirty days, and that all business be suspended therein on the day of the funeral.

L.A. GRANT, _Acting Secretary of War_.

II. On the day of the funeral the troops at every military post will be paraded and this order read to them, after which all labors for the day will cease. The national flag will be displayed at half-staff from the time of the receipt of this order until the close of the funeral. On the day of the funeral a salute of seventeen guns will be fired at half-hour intervals, commencing at 8 o'clock a.m. The officers of the Army will wear the usual badges of mourning, and the colors of the several regiments and battalions will be draped in mourning for a period of six months.

The day and hour of the funeral will be communicated to department commanders by telegraph, and by them to their subordinate commanders. Other necessary orders will be issued hereafter relative to the appropriate funeral ceremonies.

By command of Major-General Schofield:

J.C. KELTON, _Adjutant-General_.

GENERAL ORDER.

NAVY DEPARTMENT, _February 16, 1891_.

The following Executive order, announcing the death of General William Tecumseh Sherman, is published for the information of the Navy and the Marine Corps:

[For Executive order see preceding page.]

In accordance with the order of the President, the Navy Department will be closed and all business suspended therein on the day of the funeral, and the flag at all yards and stations will be displayed at half-mast until after the burial of General Sherman, and in all places where public expression is given to the national sorrow business will be suspended at navy-yards or stations during such hours as will enable officers and employees of the Navy to participate therein with their fellow-citizens.

B.F. TRACY, _Secretary of the Navy_.

AMENDMENT OF CIVIL-SERVICE RULES.

FEBRUARY 18, 1891.

Special Departmental Rule No. 1 is hereby amended so as to include among the places excepted from examination therein the following:

In the Department of Agriculture, in the office of the Secretary:
Private secretary to the chief of the division of statistics.

BENJ. HARRISON.

AMENDMENT OF CIVIL-SERVICE RULES.

FEBRUARY 21, 1891.

Special Departmental Rule No. 1 is hereby amended so as to include among the places excepted from examination therein the following:

In the Department of the Treasury, in the Coast and Geodetic Survey:
Clerk to act as confidential clerk and cashier to the disbursing
officer.

In the Post-Office Department, office of Assistant Attorney-General:
Confidential clerk to the Assistant Attorney-General.

BENJ. HARRISON.

EXECUTIVE MANSION, _Washington, D.C., February 26, 1891_.

In accordance with an act of Congress approved September 27, 1890, the following limits to the punishment of enlisted men, together with the accompanying regulations, are established for the government in time of peace of all courts-martial, and will take effect thirty days after the date of this order:

I. Subject to the modifications authorized in subdivision 3 of this section, the punishment for desertion shall not exceed the following:

1. In the case of a soldier who surrenders--

(_a_) When such surrender is made within thirty days after desertion, confinement at hard labor, with forfeiture of pay and allowances, for three months.

(_b_) When such surrender is made after an absence of more than thirty days and not more than ninety days, confinement at hard labor, with forfeiture of pay and allowances, for six months.

(_c_) When such surrender is made after an absence of more than ninety days, dishonorable discharge, with forfeiture of all pay and allowances, and confinement at hard labor for eighteen months: _Provided_, That in the case of a deserter who had not been more than three months in the service the confinement shall not exceed ten months.

2. In the case of a soldier who does not surrender--

(_a_) When at the time of desertion he shall have been less than three months in the service, dishonorable discharge, with forfeiture of all pay and allowances, and confinement at hard labor for one year.

(_b_) When at the time of desertion he shall have been three months or more, but less than six months, in the service, dishonorable discharge, with forfeiture of all pay and allowances, and confinement at hard labor for eighteen months.

(_c_) When at the time of desertion he shall have been six months or more in the service, dishonorable discharge, with forfeiture of all pay and allowances, and confinement at hard labor for two years and six months.

3. The foregoing limitations will be subject to modification under the following conditions:

(_a_) The punishment of a deserter may be increased by one year of confinement at hard labor in consideration of each previous conviction of desertion, and also by dishonorable discharge and forfeiture of all pay and allowances when not already authorized.

(_b_) The punishment for desertion when joined in by two or more soldiers in the execution of a conspiracy, or for desertion in the presence of an outbreak of Indians or of any unlawful assemblage which the troops may be opposing, shall not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for five years.

II. Except as herein otherwise indicated, punishments shall not exceed the limits prescribed in the following table:

Offenses. Limit of punishment.

_Under seventeenth
article of war_.

Selling horse or arms, Three years' confinement at hard
either or both labor; for noncommissioned officer,
reduction in addition thereto.[19]

Selling accouterments Four months confinement at hard
labor; for noncommissioned officer,
reduction in addition thereto.[19]

Selling clothing Two months' confinement at hard
labor; for noncommissioned officer,
reduction in addition thereto.[19]

Losing or spoiling horse Four months' confinement at hard
or arms through neglect labor; for noncommissioned officer,
reduction in addition thereto.[19]

Losing or spoiling One month's confinement at hard
accouterments or clothing labor; for noncommissioned officer,
through neglect reduction in addition thereto.[19]

_Under twentieth article of war_.

Behaving himself with Six months' confinement at hard labor
disrespect toward his and forfeiture of $10 per month for
commanding officer the same period; for noncommissioned
officer, reduction in addition
thereto.

_Under twenty-fourth article of war_.

Refusal to obey or using Dishonorable discharge, with
violence to officer or forfeiture of all pay and allowances,
noncommissioned officer and imprisonment for 2 years.
while quelling quarrels
or disorders

_Under thirty-first article of war_.

Lying out of quarters Forfeiture of $2; corporal, $3;
sergeant, $4.

_Under thirty-second article of war_.

Absence without leave--

Less than 1 hour (not Forfeiture of 50 cents; corporal, $1;
including absence from sergeant, $2.
a roll call)

Less than 1 hour Forfeiture of $1; corporal, $2;
(including absence from sergeant, $3; first sergeant or
a roll call) noncommissioned officer of higher
grade, $4.

From 1 to 6 hours Forfeiture of $2; corporal, $3;
sergeant, $4; first sergeant or
noncommissioned officer of higher
grade, $5.

From 6 to 12 hours Forfeiture of $3; corporal, $4;
sergeant, $6; first sergeant or
noncommissioned officer of higher
grade, $7.

From 12 to 24 hours Forfeiture of $5; corporal, $6;
sergeant, $7; first sergeant or
noncommissioned officer of higher
grade, $10.

From 24 to 48 hours Forfeiture of $6 and 5 days'
confinement at hard labor. For
corporal, forfeiture of $8; sergeant,
$10; first sergeant or noncommissioned
officer of higher grade, $12; or
for all noncommissioned officers,
reduction.

From 2 to 9 days Forfeiture of $10 and 10 days'
confinement at hard labor; for
noncommissioned officer, reduction
in addition thereto.

From 10 to 29 days Forfeiture of $20 and 1 month's
confinement at hard labor; for
noncommissioned officer, reduction
in addition thereto.

From 30 to 90 days Three months' confinement at hard
labor and forfeiture of $10 per month
for same period; for noncommissioned
officer, reduction in addition
thereto.

For more than 90 days Dishonorable discharge and forfeiture
of all pay and allowances and 3
months' confinement at hard labor.

_Under thirty-third article of war_.

Failure to repair at the time
fixed, etc., to the place of
parade for--

Reveille or retreat roll call Forfeiture of 50 cents; corporal, $1;
sergeant, $2; first sergeant, $3.

Guard detail Forfeiture of $5; corporal, $8;
sergeant, $10.

Fatigue detail }
Dress parade }
The weekly inspection }
Target practice } Forfeiture of $2; corporal, $3;
Drill } sergeant, $5.
Guard mounting (by musician) }
Stable duty }

_Under thirty-eighth article of war_.

Drunkenness on--

Guard Six months' confinement at hard labor
and forfeiture of $10 per month for
the same period; for noncommissioned
officer, reduction in addition
thereto.

Duty as company cook Forfeiture of $10.

Extra or special duty }
At drill }
At target practice }
At parade } Forfeiture of $6; for
At inspection } noncommissioned officer, reduction
At inspection of company guard } and forfeiture of $10.
detail }
At stable duty }

_Under fortieth article of war_.

Quitting guard Six months' confinement at hard labor
and forfeiture of $10 per month for
the same period; for noncommissioned
officer, reduction in addition
thereto.

_Under fifty-first article of war_.

Persuading soldiers to desert Six months' confinement at hard labor
and forfeiture of $10 per month for
the same period; for noncommissioned
officer, reduction in addition
thereto.

_Under sixtieth article of war_ Dishonorable discharge, forfeiture
of all pay and allowances, and 4
years' imprisonment.

_Under sixty-second article of war_.

Manslaughter Dishonorable discharge, forfeiture
of all pay and allowances, and 10
years' imprisonment.

Assault with intent to kill Dishonorable discharge, forfeiture
of all pay and allowances, and 10
years' imprisonment.

Burglary Dishonorable discharge, forfeiture
of all pay and allowances, and 5
years' imprisonment.

Forgery Dishonorable discharge, forfeiture
of all pay and allowances, and 4
years' imprisonment.

Perjury Dishonorable discharge, forfeiture
of all pay and allowances, and 4
years' imprisonment.

False swearing Dishonorable discharge, forfeiture
of all pay and allowances, and 2
years' imprisonment.

Robbery Dishonorable discharge, forfeiture
of all pay and allowances, and 6
years' imprisonment.

Larceny or embezzlement of
property of the value of--[20]

More than $100 Dishonorable discharge, forfeiture
of all pay and allowances, and 4
years' imprisonment.

$100 or less and more than $50 Dishonorable discharge, forfeiture
of all pay and allowances, and 3
years' imprisonment.

$50 or less and more than $20 Dishonorable discharge, forfeiture
of all pay and allowances, and 2
years' imprisonment.

$20 or less Dishonorable discharge, forfeiture
of all pay and allowances, and 1
year's imprisonment.

Disobedience of orders, Six months' confinement at hard
involving willful defiance labor and forfeiture of $10 per
of the authority of a month for the same period; for
noncommissioned officer in noncommissioned officer, reduction
charge of a guard or party in addition thereto.

Using threatening or insulting One month's confinement at hard
language or behaving in an labor and forfeiture of $10; for
insubordinate manner to a noncommissioned officer, reduction
noncommissioned officer while in addition thereto.
in the execution of his office

Absence from fatigue duty Forfeiture of $4; corporal, $5;
sergeant, $6.

Absence from extra or special Forfeiture of $4; corporal, $5;
duty sergeant, $6.

Absence from duty as company Forfeiture of $10.
or hospital cook

Introducing liquor into post or Forfeiture of $3; for noncommissioned
camp in violation of standing officer, reduction and forfeiture
orders of $5.

Drunkenness at post or Forfeiture of $3; for noncommissioned
in quarters officer, reduction and forfeiture
of $5.

Drunkenness and disorderly Forfeiture of $10 and 7 days'
conduct, causing the offender's confinement at hard labor; for
arrest and conviction by civil noncommissioned officer, reduction
authorities at a place within and forfeiture of $12.
10 miles of his station

Noisy or disorderly conduct in Forfeiture of $4; corporal, $7;
quarters sergeant, $10.

Abuse by noncommissioned Reduction, 3 months' confinement at
officer of his authority over hard labor, and forfeiture of $10 per
an inferior month for the same period.

Noncommissioned officer Reduction and forfeiture of $5.
encouraging gambling

Noncommissioned officer making Reduction, forfeiture of $8, and 10
false report days' confinement at hard labor.

Sentinel allowing a prisoner Six months' confinement at hard labor
under his charge to escape and forfeiture of $10 per month for
through neglect the same period.

Sentinel willfully suffering Dishonorable discharge, forfeiture of
prisoner under his charge to all pay and allowances, and 1 year's
escape imprisonment.

Sentinel allowing a prisoner Two months' confinement at hard labor
under his charge to obtain and forfeiture of $10 per month for
liquor the same period.

Sentinel or member of guard Two months' confinement at hard labor
drinking liquor with prisoners and forfeiture of $10 per month for
the same period.

Disrespect or affront to Two month's confinement at hard labor
a sentinel and forfeiture of $10 per month for
the same period; for noncommissioned
officer, reduction in addition
thereto.

Resisting or disobeying sentinel Six months' confinement at hard labor
in lawful execution of his duty and forfeiture of $10 per month for
the same period; for noncommissioned
officer, reduction in addition
thereto.

Lewd or indecent exposure of Three month's confinement at hard
person labor and forfeiture of $10 per
month for the same period; for
noncommissioned officer, reduction
in addition thereto.

[Footnote 19: In addition to the stoppages "sufficient for repairing the loss or damage," which the law requires the court-martial to adjudge. The court's action under this requirement in the case of sale or loss through neglect of clothing shall be limited to a confirmation of the charge made against the offender on his clothing account.]

[Footnote 20: In specifications to charges of larceny or embezzlement the value of the property shall be stated.]

III. (1) When a soldier shall be found guilty of an offense cognizable when committed for the first time by an inferior court-martial, his punishment therefor may exceed the prescribed limit by one-half if it shall appear that during his current enlistment and within two years preceding his trial he has been once convicted of one offense or more; it may be doubled if he has been twice so convicted, and it may be increased by one-half of the prescribed limit for every such previous conviction: _Provided_, That upon proof of five or more previous convictions the punishment may be that authorized for a fifth conviction, or dishonorable discharge with forfeiture of all pay and allowances. When found guilty of an offense cognizable only by a general court-martial, and on proof of five or more previous convictions within the two years, dishonorable discharge with forfeiture of all pay and allowances may be added to any confinement at hard labor. And when a noncommissioned officer shall be found guilty of an offense not punishable by reduction, reduction may be added to the punishment if it shall appear that he has been convicted of a military offense within one year and during his current enlistment.

(2) After arriving at the findings a court-martial may be opened to receive evidence of previous convictions. These convictions must be proved by the records of previous trials or by duly authenticated orders promulgating the same, showing the actual offenses of which the soldier was convicted, except in the cases of convictions by summary court, when a duly authenticated copy of the record of said court shall be deemed sufficient proof. Charges forwarded to the authority ordering a general court-martial or submitted to a summary garrison or regimental court must be accompanied by the proper evidence of such previous convictions as may have to be considered in determining upon a sentence. Paragraphs 1017 and 1018 of the Regulations are superseded by this order.

IV. This order prescribes the _maximum_ limit of punishment for the offenses named, and this limit is intended for those cases where the severest punishment should be awarded. In other cases the punishment must be graded down according to the extenuating circumstances. Offenses not herein provided for remain punishable as authorized by the Articles of War and the custom of the service.

V. Summary courts are subject to the restrictions named in the eighty-third article of war. Soldiers against whom charges may be preferred for trial by summary court shall not be confined in the guardhouse, but shall be placed in arrest in quarters before and during trial and while awaiting sentence, unless in particular cases restraint may be deemed necessary.

VI. The following substitutions for punishments named in Section II of this order are authorized, at the discretion of the court:

Detention of pay to the extent of four times the amount of the forfeiture; two days' confinement at hard labor for $1 of forfeited pay; one day's solitary confinement on bread and water diet for two days' confinement at hard labor or for $1 of forfeited pay: _Provided_, That a noncommissioned officer not sentenced to reduction shall not be subject to confinement: _And provided_, That solitary confinement shall not exceed fourteen days at one time nor be repeated until fourteen days have elapsed, and shall not exceed eighty-four days in one year. Wherever the limit herein prescribed for an offense or offenses may be brought within the punishing power of inferior courts-martial, as defined by the eighty-third article of war, by substitution of punishment under the provisions of this section, the aforesaid courts shall be deemed to have jurisdiction of such offense or offenses.

VII. Sergeants shall not if they object thereto be brought to trial before regimental, garrison, or summary courts-martial without the authority of the officer competent to order their trial by general court-martial; nor shall sergeants of the post noncommissioned staff be reduced, but they may be dishonorably discharged whenever reduction is included in the limit of punishment. Paragraphs 105 and 254 of the Regulations, the latter as amended by General Orders, No. 67, series of 1890, Adjutant-General's Office, are modified accordingly.

BENJ. HARRISON.

By the President:
REDFIELD PROCTOR,
_Secretary of War_.

AMENDMENT OF CIVIL-SERVICE RULES.

MARCH 4, 1891.

Special Departmental Rule No. 1 is hereby amended so as to include among the places excepted from examination therein the following:

In the Department of Agriculture, in the office of the Secretary: Clerk
to act as appointment clerk.

BENJ. HARRISON.

AMENDMENT OF CIVIL-SERVICE RULES.

MARCH 16, 1891.

Special Departmental Rule No. 1 is hereby amended so as to include among the places excepted from examination therein the following:

In the Post-Office Department, office of the First Assistant
Postmaster-General: Assistant superintendent of free delivery.

BENJ. HARRISON.

AMENDMENT OF CIVIL-SERVICE RULES.

APRIL 3, 1891.

Special Departmental Rule No. 1 is hereby amended so as to include among the places excepted from examination therein the following:

In the Treasury Department, office of the Secretary: One clerk in the
office of the disbursing clerk.

BENJ. HARRISON.

CIVIL SERVICE--CLASSIFICATION OF INDIAN SERVICE.

DEPARTMENT OF THE INTERIOR, _Washington, April 13, 1891_.

By direction of the President of the United States and in accordance with the third clause of section 6 of an act entitled "An act to regulate and improve the civil service of the United States," approved January 16, 1883--

_It is ordered_, That all physicians, school superintendents and assistant superintendents, school-teachers, and matrons in the Indian service be, and they are hereby, arranged in the following classes, without regard to salary or compensation:

Class 1. Physicians.

Class 2. School superintendents and assistant superintendents.

Class 3. School-teachers.

Class 4. Matrons.

_Provided_, That no person who may be required by law to be appointed to an office by and with the advice and consent of the Senate, and that no person who may be employed merely as a laborer or workman or in connection with any contract schools, shall be considered as within this classification, and no person so employed shall be assigned to the duties of a classified place.

_It is further ordered_, That no person shall be admitted to any place not excepted from examination by the civil-service rules in any of the classes above designated until he or she shall have passed an appropriate examination under the United States Civil Service Commission and his or her eligibility has been certified to by said Commission or the appropriate board of examiners.

JOHN W. NOBLE, _Secretary_.

EXECUTIVE MANSION, _April 13, 1891_.

The Secretary of the Interior:

I approve of the within classification, and if you see no reason to suggest any further modification you will please put it in force.

BENJ. HARRISON.

AMENDMENTS OF CIVIL-SERVICE RULES.

APRIL 13, 1891.

Clause (_c_) of section 2 of General Rule III is hereby revoked, and clauses (_d_), (_e_), (_f_), (_g_) and (_h_) are lettered, respectively, (_c_), (_d_), (_e_), (_f_), and (_g_).

BENJ. HARRISON.

BY THE PRESIDENT OF THE UNITED STATES.

EXECUTIVE ORDER.

EXECUTIVE MANSION, _May 25, 1891_.

_It is hereby ordered_, That the several Executive Departments and the Government Printing Office be closed on Saturday, the 30th instant, to enable the employees to participate in the decoration of the graves of the soldiers and sailors who fell in defense of the Union during the War of the Rebellion.

BENJ. HARRISON.

EXECUTIVE MANSION, _Washington, D.C., July 6, 1891_.

_To the People of the United States_:

The President, with a profound feeling of sorrow, announces the death of Hannibal Hamlin, at one time Vice-President of the United States, who died at Bangor, Me., on the evening of Saturday, July 4.

Few men in this country have filled more important and more distinguished public positions than Mr. Hamlin, and in recognition of his many eminent and varied services and as an expression of the great respect and reverence which are felt for his memory it is ordered that the national flag be displayed at half-mast upon the public buildings of the United States on the day of his funeral.

BENJ. HARRISON.

By the President:
WILLIAM F. WHARTON,
_Acting Secretary of State_.

AMENDMENTS OF CIVIL-SERVICE RULES.

EXECUTIVE MANSION, _August 6, 1891_.

The civil-service rules are hereby amended as follows:

GENERAL RULE II.

In line 1 strike out the word "four" and insert in lieu thereof the word "five." Add at the end of the rule the following:

5. The classified Indian service.

GENERAL RULE III.

Strike out paragraphs 1 and 2 of section 6 of General Rule III and insert in lieu thereof the following:

So far as practicable and useful, competitive examinations shall be
established in the classified civil service to test fitness for
promotion, under such regulations as the Commission may make. Until
such regulations have been applied to any part of the classified
service promotions therein shall be made in the manner prescribed
by the rule applicable thereto.

DEPARTMENTAL RULE VI.

Strike out the first sentence of section 6 and transfer the remaining sentence to section 5. Change the numbers of sections 7, 8, 9, and 10 to 6, 7, 8, and 9, respectively.

CUSTOMS RULE III.

Strike out the first sentence of section 5 and transfer the remaining sentence to section 4. Change the numbers of sections 6, 7, 8, and 9 to 5, 6, 7, and 8, respectively.

POSTAL RULE III.

Strike out the first sentence of section 5 and transfer the remaining sentence to section 4. Change the numbers of sections 6, 7, 8, and 9 to 5, 6, 7, and 8, respectively.

RAILWAY MAIL RULE III.

Strike out the first sentence of section 7 and transfer the remaining sentence to section 4. Change the numbers of sections 8, 9, 10, 11, and 12 to 7, 8, 9, 10, and 11, respectively.

RAILWAY MAIL RULE II.

Insert an additional clause to section 5, as follows:

(_f_) Transfer clerks at junction points or stations where not more
than two such clerks are employed.

RAILWAY MAIL RULE IV.

Insert an additional proviso at the end of clause (_b_) of section 2, as follows:

_Provided further_, That on a line on which the service does not
require the full time of a clerk, and one can be employed jointly with
the railroad company, the appointment may be made without examination
and certification, with the consent of the Commission, upon a statement
of the facts by the General Superintendent; but no clerk so appointed
shall be eligible for transfer or appointment to any other place in the
service.

In section 6, line 3, strike out the word "twenty" and insert in lieu thereof the word "ten."

In section 7, line 6, strike out the word "thirty" and insert in lieu thereof the word "sixty;" in the same line strike out the word "to" and insert in lieu thereof the words "in periods of;" in line 7 strike out the words "who have been in the railway mail service."

BENJ. HARRISON.

CIVIL SERVICE--INDIAN RULES.

INDIAN RULE I.

The classified Indian service shall include all the physicians, school superintendents, assistant superintendents, school-teachers, and matrons in that service, classified under the provisions of section 6 of the act to regulate and improve the civil service of the United States, approved January 16, 1883.

INDIAN RULE II.

1. To test fitness for admission to the classified Indian service examinations of a practical character shall be provided on such subjects as the Commission may direct for physician, superintendent, assistant superintendent, teachers, and matrons.

2. The following age limitations shall apply to applicants for examination for the classified Indian service: For physician, not under 25 years of age nor over 45; for superintendent, not under 25 nor over 50; for assistant superintendent and for teacher, not under 20 nor over 50; for matron, not under 25 nor over 55: _Provided_, That these limitations shall not apply to the wives of superintendents of Indian schools who apply for the position of matron, nor shall the maximum limitations apply to persons allowed preference under section 1754, Revised Statutes, by the Commission.

3. Blank forms of application shall be furnished by the Commission, and the date of reception and also of approval by the Commission of each application shall be noted on the application paper.

INDIAN RULE III.

1. The papers of every examination shall be marked under regulations made by the Commission. Bach competitor shall be graded on a scale of 100, according to the general average determined by the markings.

2. Immediately after the general average shall have been ascertained each competitor shall be notified that he has passed or has failed to pass.

3. A competitor who has failed to pass an examination may, with the consent of the Commission, be allowed reexamination at any time within six months from the date of failure without filing a new application; but if he be not allowed reexamination within six months he shall be required to file a new application before being again examined.

4. No eligible shall be allowed reexamination during the period of his eligibility unless he shall furnish satisfactory evidence to the Commission that at the time of his examination, because of illness or other good cause, he was incapable of doing himself justice; and his rating on such reexamination shall cancel and be a substitute for his rating on his former examination.

5. All competitors whose claim to preference under section 1754 of the Revised Statutes have been allowed by the Commission who attain a general average of 65 per cent or over, and all other competitors who attain a general average of 70 per cent or over, shall be eligible for appointment to the place for which they were examined. The names of all the competitors thus rendered eligible shall be entered in the order of grade on the proper register of eligibles.

6. When two or more eligibles are of the same grade, preference in certification shall be determined by the order in which the application papers are filed.

7. For the Indian service there shall be four districts and a separate register of eligibles for each grade of examination for each district, the names of males and females being listed separately on each register. The districts shall be comprised as follows: No. 1, of the States of Michigan, Wisconsin, Minnesota, Iowa, Nebraska, North Dakota, South Dakota, Montana, and Wyoming; No. 2, of the States of Idaho, Washington, Oregon, Nevada, and that part of California lying north of the thirty-seventh parallel of latitude, and the Territory of Utah; No. 3, of that part of California lying south of the thirty-seventh parallel of latitude, the Territories of Arizona, New Mexico, Oklahoma, the Indian Territory, and the States of Colorado, Kansas, Missouri, Arkansas, Louisiana, and Texas; No. 4, of all the States of the United States not embraced in any of the foregoing districts, together with the District of Columbia. Upon the written request of any eligible his name shall be entered upon the register of any one or more of the districts other than that in which he resides: _Provided_, That he shall state in writing his willingness to accept service wherever assigned in any such district.

8. The period of eligibility to appointment shall be one year from the date on which the name of the eligible is entered on the register unless otherwise determined by regulation of the Commission.

INDIAN RULE IV.

1. All vacancies, unless filled by promotion, transfer, or reappointment, shall be filled in the following manner:

(_a_) The Commissioner of Indian Affairs, through the Secretary of the Interior, shall, in form and manner to be prescribed by the Commission, request the certification to him of male or female eligibles from the district in which the vacancy exists.

(_b_) If fitness for the vacant place is tested by competitive examination, the Commission shall certify from the proper register of the district in which the vacancy exists the names of the three eligibles thereon of the sex called for having the highest averages: _Provided_, That the eligibles upon any register who have been allowed preference under section 1754 of the Revised Statutes shall be certified according to their grade before all other eligibles thereon: _And provided further_, That if the vacancy is in the grade of matron or teacher, and the wife of the superintendent of the school in which the vacancy exists is an eligible, she may be given preference in certification if the appointing officer so requests.

2. Of the three names certified to him the appointing officer shall select one, and if at the time of making this selection there are more vacancies than one he may select more than one: _Provided_, That if the appointing officer to whom certification has been made shall object in writing to any eligible named in the certificate, stating that because of physical incapacity or for other good cause particularly specified such eligible is not capable of properly performing the duties of the vacant place, the Commission may, upon investigation and ascertainment of the fact that the objection made is good and well founded, direct the certification of another eligible in place of the one objected to.

3. Each person thus designated for appointment shall be notified, and upon indicating acceptance shall be appointed for a probationary period--if a physician, for six months, and if a school employee, to expire at the end of the then current school year--at the end of which period, if his conduct and capacity be satisfactory to the appointing officer, he shall receive absolute appointment; but if his conduct and capacity be not satisfactory to said officer he shall be so notified, and this notification shall be his discharge from the service: _Provided_, That any probationer may be discharged during probation for misconduct or evident unfitness or incapacity.

4. The Commissioner of Indian Affairs shall require the officer under whom a probationer may be serving to carefully observe and report in writing upon the services rendered by and the character and qualifications of such probationer as to punctuality, industry, habits, ability, and adaptability. These reports shall be preserved on file, and the Commission may prescribe the form and manner in which they shall be made.

5. In case of the sudden occurrence of a vacancy in any school during a school term which the public interest requires to be immediately filled, the Commissioner of Indian Affairs is authorized, in his discretion, to provide for the temporary filling of the same until a regular appointment can be made under the provisions of sections 1, 2, and 3 of this rule, and when such regular appointment is made the temporary appointment shall terminate. All temporary appointments made under this authority and their termination shall at once be reported to the Commission.

INDIAN RULE V.

Until promotion regulations shall have been applied to the classified Indian service promotions therein may be made upon any test of fitness determined upon by the promoting officer if not disapproved by the Commission: _Provided_, That preference in promotion in any school shall be given to those longest in the service unless there are good reasons to the contrary; and when such reasons prevail they shall, through the proper channels, be reported to the Commission: _And provided further_, That no one shall be promoted to any grade he could not enter by original appointment under the minimum age limitation applied thereto by Indian Rule II, section 2, and that no one shall be promoted to the grade of physician from any other grade.

INDIAN RULE VI.

Subject to the conditions stated in Rule IV, transfers may be made after absolute appointment from one school to another and from one district to another under such regulations as the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, may prescribe.

INDIAN RULE VII.

Upon the requisition of the Commissioner of Indian Affairs, through the Secretary of the Interior, the Commission shall certify for reinstatement in a grade or class no higher than that in which he was formerly employed any person who within one year next preceding the date of the requisition has through no delinquency or misconduct been separated from the classified Indian service: _Provided_, That certification may be made, subject to the other conditions of this rule, for the reinstatement of any person who served in the military or naval service of the United States in the late War of the Rebellion and was honorably discharged therefrom, without regard to the length of time he has been separated from the service.

INDIAN RULE VIII.

The Commissioner of Indian Affairs shall report to the Commission--

(_a_) Every probational and every absolute appointment in the classified Indian service.

(_b_) Every refusal to make an absolute appointment and the reason therefor, and every refusal to accept an appointment.

(_c_) Every separation from the classified Indian service and the cause of such separation, whether death, resignation, or dismissal.

(_d_) Every restoration to the classified Indian service.

These rules shall take effect October 1, 1891.

BENJ. HARRISON.

AMENDMENT OF CIVIL SERVICE RULES.

OCTOBER 9, 1891.

General Rule III, clause 6, is hereby amended by striking out the words "under such regulations as the Commission may make" and substituting therefor the following: "under regulations to be approved by the President;" so that as amended the clause will read as follows:

So far as practicable and useful competitive examinations shall be
established in the classified civil service to test fitness for
promotion under regulations to be approved by the President.

BENJ. HARRISON.

Whereas civil-service rules for the Indian service were approved to take effect October 1, 1891; and

Whereas it is represented to me by the Civil Service Commission in a communication of this date that no persons have as yet been examined for appointment to that service, and that it seems probable that complete arrangements for putting said rules into full effect will not be made sooner than March 1, 1892:

_It is therefore ordered_, That said Indian rules shall take effect March 1, 1892, instead of October 1, 1891: _Provided_, That said rules shall become operative and take effect in any district of the Indian service as soon as an eligible register for such district shall be provided, if it shall be prior to the date above fixed.

EXECUTIVE MANSION, _October 13, 1891_.

Upon the recommendation of the Commission the foregoing order is approved.

BENJ. HARRISON.

AMENDMENT OF CIVIL-SERVICE RULES.

NOVEMBER 24, 1891.

Special Departmental Rule No. 1 is hereby amended so as to include among the places excepted from examination the following:

In the Department of the Treasury, in the Bureau of Statistics: One
confidential clerk to the Chief of the Bureau.

BENJ. HARRISON.

EXECUTIVE MANSION, _Washington, December 4, 1891_.

SIR:[21] In my message to the first session of the Fifty-first Congress I said:

I have suggested to the heads of the Executive Departments that they
consider whether a record might not be kept in each bureau of all those
elements that are covered by the terms "faithfulness" and "efficiency,"
and a rating made showing the relative merits of the clerks of each
class, this rating to be regarded as a test of merit in making
promotions.

In some of the Departments this suggestion has been acted upon in part at least, and I now direct that in your Department a plan be at once devised and put in operation for keeping an efficiency record of all persons within the classified service, with a view to placing promotions wholly upon the basis of merit.

It is intended to make provision for carrying into effect the stipulations of the civil-service law in relation to promotions in the classified service. To that end the rule requiring compulsory examination has been rescinded. In my opinion the examination for promotion of those who present themselves should be chiefly, if not wholly, upon their knowledge of the work of the bureau or Department to which they belong and the record of efficiency made by them during their previous service. I think the records of efficiency kept from day to day should be open to the inspection of the clerks.

Very respectfully, yours,

BENJ. HARRISON.

[Footnote 21: Addressed to the heads of the Executive Departments.]

THIRD ANNUAL MESSAGE.

EXECUTIVE MANSION, _December 9, 1891_.

_To the Senate and House of Representatives_:

The reports of the heads of the several Executive Departments, required by law to be submitted to me, which are herewith transmitted, and the reports of the Secretary of the Treasury and the Attorney-General, made directly to Congress, furnish a comprehensive view of the administrative work of the last fiscal year relating to internal affairs. It would be of great advantage if these reports could have an attentive perusal by every member of Congress and by all who take an interest in public affairs. Such a perusal could not fail to excite a higher appreciation of the vast labor and conscientious effort which are given to the conduct of our civil administration.

The reports will, I believe, show that every question has been approached, considered, and decided from the standpoint of public duty and upon considerations affecting the public interests alone. Again I invite to every branch of the service the attention and scrutiny of Congress.

The work of the State Department during the last year has been characterized by an unusual number of important negotiations and by diplomatic results of a notable and highly beneficial character. Among these are the reciprocal trade arrangements which have been concluded, in the exercise of the powers conferred by section 3 of the tariff law, with the Republic of Brazil, with Spain for its West India possessions, and with Santo Domingo. Like negotiations with other countries have been much advanced, and it is hoped that before the close of the year further definitive trade arrangements of great value will be concluded.

In view of the reports which had been received as to the diminution of the seal herds in the Bering Sea, I deemed it wise to propose to Her Majesty's Government in February last that an agreement for a closed season should be made pending the negotiations for arbitration, which then seemed to be approaching a favorable conclusion. After much correspondence and delays, for which this Government was not responsible, an agreement was reached and signed on the 15th of June, by which Great Britain undertook from that date and until May 1, 1892, to prohibit the killing by her subjects of seals in the Bering Sea, and the Government of the United States during the same period to enforce its existing prohibition against pelagic sealing and to limit the catch by the fur-seal company upon the islands to 7,500 skins. If this agreement could have been reached earlier in response to the strenuous endeavors of this Government, it would have been more effective; but coming even as late as it did it unquestionably resulted in greatly diminishing the destruction of the seals by the Canadian sealers.

In my last annual message I stated that the basis of arbitration proposed by Her Majesty's Government for the adjustment of the long-pending controversy as to the seal fisheries was not acceptable. I am glad now to be able to announce that terms satisfactory to this Government have been agreed upon and that an agreement as to the arbitrators is all that is necessary to the completion of the convention. In view of the advanced position which this Government has taken upon the subject of international arbitration, this renewed expression of our adherence to this method for the settlement of disputes such as have arisen in the Bering Sea will, I doubt not, meet with the concurrence of Congress.

Provision should be made for a joint demarcation of the frontier line between Canada and the United States wherever required by the increasing border settlements, and especially for the exact location of the water boundary in the straits and rivers.

I should have been glad to announce some favorable disposition of the boundary dispute between Great Britain and Venezuela touching the western frontier of British Guiana, but the friendly efforts of the United States in that direction have thus far been unavailing. This Government will continue to express its concern at any appearance of foreign encroachment on territories long under the administrative control of American States. The determination of a disputed boundary is easily attainable by amicable arbitration where the rights of the respective parties rest, as here, on historic facts readily ascertainable.

The law of the last Congress providing a system of inspection for our meats intended for export, and clothing the President with power to exclude foreign products from our market in case the country sending them should perpetuate unjust discriminations against any product of the United States, placed this Government in a position to effectively urge the removal of such discriminations against our meats. It is gratifying to be able to state that Germany, Denmark, Italy, Austria, and France, in the order named, have opened their ports to inspected American pork products. The removal of these restrictions in every instance was asked for and given solely upon the ground that we have now provided a meat inspection that should be accepted as adequate to the complete removal of the dangers, real or fancied, which had been previously urged. The State Department, our ministers abroad, and the Secretary of Agriculture have cooperated with unflagging and intelligent zeal for the accomplishment of this great result. The outlines of an agreement have been reached with Germany looking to equitable trade concessions in consideration of the continued free importation of her sugars, but the time has not yet arrived when this correspondence can be submitted to Congress.

The recent political disturbances in the Republic of Brazil have excited regret and solicitude. The information we possessed was too meager to enable us to form a satisfactory judgment of the causes leading to the temporary assumption of supreme power by President Fonseca; but this Government did not fail to express to him its anxious solicitude for the peace of Brazil and for the maintenance of the free political institutions which had recently been established there, nor to offer our advice that great moderation should be observed in the clash of parties and the contest for leadership. These counsels were received in the most friendly spirit, and the latest information is that constitutional government has been reestablished without bloodshed.